January 29th, 2025 1 Minute Read Amicus Brief by Ilya Shapiro, Tim Rosenberger

Amicus Brief: Jake’s Fireworks v. Consumer Product Safety Commission

After the compliance office of the Consumer Product Safety Commission (CPSC) issued notices of non-compliance regarding reloadable aerial shells imported by Jake’s Fireworks, Jake’s provided additional information regarding its fireworks and pointed out that the invoked regulation does not even apply to these particular shells. The CPSC refused to change its position. Jake’s then sued, but the district court and the Fourth Circuit held that the notices were not final agency action under the APA and thus not subject to judicial review. Jake’s is now asking the Supreme Court to take the case and prevent administrative agencies from evading judicial review after they issue orders threatening civil and criminal penalties. The Manhattan Institute has joined the Buckeye Institute, National Federation of Independent Business, and Americans for Prosperity to emphasize MI’s longstanding commitment to agency accountability and consistent, well-functioning, no-more-burdensome-than-necessary business regulation.

Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here.

Tim Rosenberger is a legal fellow at the Manhattan Institute.

Photo: nd3000 / iStock / Getty Images Plus

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